THOMAS] Virginia's policy toward the Indians 565 



ticulars are given nor does he say anything" more in regard to it. In 

 1639-40 the Indians became restless and dissatisfied because of the 

 eiicroachments made upon their hinds by the vast and indiscriminate 

 grants made by Hervey. These encroachments were on the lands 

 secured to the Indians by the treaty of l(i3(», and led to a war with 

 Opechancanough.' However, it seems that at some time between 1040 

 and 1G42 peace was concluded through the general assembly. In this 

 case, according to Burk, it was made separately with the heads of the 

 tribes and in a spirit of humanity. It was attained "by mutual capitu- 

 lations and articles agreed and concluded on in writing." But these 

 do not appear iu any of the published records, therefore it is impossible 

 to state what reference was made to lands or boundaries. 



By an act of the " Grand Assembly,'' October 10, 1649, it was ordered 

 as follows :'- 



Act. 1. Art.2. Thatit sb.ill bo free for the said Necotowance ["Kiug'' of the IndLiiis] 

 and liis people, to inhabit and hunt on the north side of Yorke River, without any 

 inteirtiption from the English. Provided that if hereafter, It shall be thought litt 

 by the Governor and Council to permitt any English to inhabitt from roropotanke 

 downewards. that first Necotowance be acquainted therewith. 



Art. 3. Tliat Necotowance and his people leave free that tract of hand between 

 Yorko river and James river, from the falls of both the rivers to Kequotan, to the 

 Englisli to inhabitt on, and that neither he tlie said Necotowance nor any Indians 

 do repaire to or make any abode vpou the said tract of land, vpon pain of death. 



An act was passed July 5, 1653, securing such lands on York river 

 as he .should make choice of to Totopotomoy, the succes.sor of Oj)e- 

 chancanough, as follows: 



The order of the last Assembly in the busines relateing to land in York River 

 desired by Tottopottomoy, as information by some perticnlar members of this 

 Assembly is now represented, is ordered to l>e and remaine in force as formerly, Pro- 

 vided he lives on the same; but if lie leaves it then to devolve to Coll. William Clay- 

 borne, according to former orders which gave him libertie to make his choice, whether 

 he would have Kamomak, or the land where now he is seated, and that he .apiiear in 

 person before the Governor and Council to make his choice the next quarter courte 

 which of the twoseates he will hold, and Oapt. John West, and Mr. William Hoclia- 

 day are enabled to give a safe conduct to the said Tottopottomoy and his Indians for 

 their coming to towne, and his returne home. And the commissioners of Yorlc are 

 required tliat such persons as are seated vpou the land of Pamunkey or Chicka- 

 hominy Indians be removed according to a late act of Assembly made to that pur- 

 pose, And Con..Iohn Fludd to go to Tottopottomoy to examine the proceedings of 

 business and to deliver it vpon his oath. ' 



At the same time the commissioners of Gloster (the statute says 

 Gloster but Burk says York) and Lancaster counties were directed ''to 

 proportion tiie Indians inhabiting the said counties their several tracts 

 of land . . . and to set and assign them such places and bounds to 

 hunt in as may be convenient both for the inhabitants and Indians.'' 



By act 4 of the same assembly the commissioners of Northami)ton 

 countj' were emjwwered "to take acknowledgment of the Indians in 



' Burk, History of Virginia, vol. in, p. 53. 



2 Hfning'a Statutes at Large, vol. i (1823), pp. 3>3-324. 



= Ibiil.,p.380. 



